State v. Anderson , 46 Or. App. 501 ( 1980 )

JOSEPH, J.,

dissenting

Under ORS 131.615(1), the observable facts the majority says support a reasonable suspicion "that the crime of larceny or burglary was underway” were that the police observed a car enter into and stop in a parking lot beside an arterial street when the business was closed and the driver walk toward the well-lighted front door of a store. Aside from the (perhaps immaterial) fact that no crime had been "committed,” it is plain to me that the police were operating on a good hunch. That is not enough to support the stop. State v. Fitzgerald, 36 Or App 473, 584 P2d 785 (1978). Our recent case of State v. Canape, 46 Or App 453, 611 P2d 1190 (1980), where the factual basis for suspicion was much stronger than here, was a close case. I do not believe this one is close, and I would reverse.